AOS and Traveling help

[JonathanM]

I need to travel to China next week and would like to bring my wife. I'm still a little confused if my wife can travel or not with the I-94 stamp on her passport or will they go by the visa expiration date?

 

Her stamped passport states K3 admitted on July 5th, 2010 and is good until July 4th, 2012 with her A#. Her original visa from GUZ only had 6 months of use and it was my understanding she just had to leave china before the expiration date and not to determine the expiration date for her to travel back and forth after she had first arrived in the US.

 

We have started the AOS process and should be only gone for two to three weeks.

 

The Instructions for the I-131 does state that as long as she is a K-3 spouse of a US citizen, she does not need to apply for advance parole to travel abroad.

[dnoblett]

Here is the kicker. That's how it is supposed to work, however the short expiration date set by the US consulate, more than likely exit control in China does not understand this and will bar exiting the country. For all intents and purposes you have an expired visa and should not travel until you have green card or AP. I would not travel with an expired visa, the I-94 only indicates allowed time in the USA before filing AOS, I-94 is not a travel document, it is an arrival departure record.

 

Note I-131 says AP not needed by K3 as long as K3 is valid.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-131ClassesNotNeeded.jpg

 

I believe the visa had a short expireation set because you had an approved I-130 sitting back at NVC, there was no reason to issue a long 2 year K-3 because the I-130 was already approved, the expectation was for you to either move with the CR-1 case and make an intervier for CR-1 and perhaps use the K3 to visit and return to China for CR-1 interview or simply not use the K3, or immediately adjust status after ariving on the K3.

 

The K3 was derived at a time when it was taking years, not months to get an I-130 approved, it was offered as an option to allow a married couple to be together while they wait out the year or so processing time for the CR1 or IR1 spouse visa petition. The K3 would be set to have an expiration time of 2 years because of the unapproved I-130, to allow travel.

 

If it were me I would have moved with the CR1 once the I130 was approved and sent to NVC and forgotten about the K3 my wife would have gotten her green card upon entry to the USA allowing travel and work and save the added $800 in AOS fees. Or immediately did AOS shortly after arrival.

 

Unfortunately your I-129F/I-130 were approved before NVC began their policy of closing any I-129F that they received with an approved I-130, they started that practice last February.

Edited March 4, 2011 by dnoblett (see edit history)

[JonathanM]

Here is the kicker. That's how it is supposed to work, however the short expiration date set by the US consulate, more than likely exit control in China does not understand this and will bar exiting the country. For all intents and purposes you have an expired visa and should not travel until you have green card or AP. I would not travel with an expired visa, the I-94 only indicates allowed time in the USA before filing AOS, I-94 is not a travel document, it is an arrival departure record.

 

Note I-131 says AP not needed by K3 as long as K3 is valid.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-131ClassesNotNeeded.jpg

 

I believe the visa had a short expireation set because you had an approved I-130 sitting back at NVC, there was no reason to issue a long 2 year K-3 because the I-130 was already approved, the expectation was for you to either move with the CR-1 case and make an intervier for CR-1 and perhaps use the K3 to visit and return to China for CR-1 interview or simply not use the K3, or immediately adjust status after ariving on the K3.

 

The K3 was derived at a time when it was taking years, not months to get an I-130 approved, it was offered as an option to allow a married couple to be together while they wait out the year or so processing time for the CR1 or IR1 spouse visa petition. The K3 would be set to have an expiration time of 2 years because of the unapproved I-130, to allow travel.

 

If it were me I would have moved with the CR1 once the I130 was approved and sent to NVC and forgotten about the K3 my wife would have gotten her green card upon entry to the USA allowing travel and work and save the added $800 in AOS fees. Or immediately did AOS shortly after arrival.

Unfortunately your I-129F/I-130 were approved before NVC began their policy of closing any I-129F that they received with an approved I-130, they started that practice last February.

 

 

 

Should I have waited close to our 2 year wedding anniversary or do AOS shortly after arrival?

 

I'm not sold on the the expiration date of the K3 VISA, since it clearly states its a K3 Visa type with a two year expiration date on the stamp. The VISA itself had a 6 month expiration to use/exit china. But I do agree and worry about her having a problem leaving china. It can be somewhat confusing to anyone especially china customs. I'll certainly post what happens if we decide to take the chance.